SB529-SSA1,17,95
115.787
(2) (c) (intro.) A statement of the special education and related services
6and supplementary aids and services
, based on peer-reviewed research to the extent
7practicable, to be provided to the child, or on behalf of the child, and a statement of
8the program modifications or supports for school personnel that will be provided for
9the child to do all of the following:
SB529-SSA1, s. 57
10Section
57. 115.787 (2) (c) 1. of the statutes is amended to read:
SB529-SSA1,17,1111
115.787
(2) (c) 1. Advance appropriately toward
attaining the annual goals.
SB529-SSA1, s. 58
12Section
58. 115.787 (2) (c) 2. of the statutes is amended to read:
SB529-SSA1,17,1513
115.787
(2) (c) 2. Be involved and
make progress in the general curriculum in
14accordance with par. (a) and participate in extracurricular and other nonacademic
15activities.
SB529-SSA1,17,2117
115.787
(2) (e) 1. A statement of any individual
modifications in the
18administration of any appropriate accommodations that are necessary to measure
19the academic achievement and functional performance of the child on statewide or
20local educational agency-wide
assessment of pupil achievement that are needed for
21the child to participate in the assessment assessments.
SB529-SSA1,18,322
2. If the individualized education program team determines that a child will
23not participate in take an alternate assessment on a particular statewide or local
24educational agency-wide assessment of pupil achievement,
or part of such an
25assessment, a statement of why
that assessment is not the child cannot participate
1in the regular assessment and why the particular alternate assessment selected is 2appropriate for the child
and how the child will be assessed through alternative
3means.
SB529-SSA1, s. 60
4Section
60. 115.787 (2) (g) 1. and 2. of the statutes are repealed and recreated
5to read:
SB529-SSA1,18,106
115.787
(2) (g) 1. Beginning not later than in the first individualized education
7program that will be in effect when the child is 14, and updated annually thereafter,
8a statement of appropriate, measurable postsecondary goals for the child based on
9age-appropriate transition assessments related to training, education, employment
10and, where appropriate, independent living skills.
SB529-SSA1,18,1411
2. Beginning not later than in the first individualized education program that
12will be in effect when the child is 14, and updated annually thereafter, a description
13of the transition services, including courses of study, needed to assist the child in
14reaching the goals under subd. 1.
SB529-SSA1, s. 61
15Section
61. 115.787 (2) (g) 3. of the statutes is amended to read:
SB529-SSA1,18,2016
115.787
(2) (g) 3. Beginning at least one year before the child attains the age
17of 18, and annually thereafter
until the child is no longer eligible for special
18education and related services, a statement that the child has been informed of the
19parental child's rights that will transfer to the child on reaching the age of 18 under
20s. 115.807.
SB529-SSA1, s. 62
21Section
62. 115.787 (2) (h) 1. of the statutes is amended to read:
SB529-SSA1,18,2322
115.787
(2) (h) 1. How the child's progress toward
attaining the annual goals
23described in par. (b) will be measured.
SB529-SSA1, s. 63
24Section
63. 115.787 (2) (h) 2. of the statutes is repealed and recreated to read:
SB529-SSA1,19,3
1115.787
(2) (h) 2. When periodic reports, such as quarterly reports or other
2periodic reports issued concurrently with report cards, on the child's progress toward
3attaining the annual goals described in par. (b) will be provided to the child's parents.
SB529-SSA1,19,95
115.787
(3) (a) In developing each child's individualized education program,
6the individualized education program team shall consider the strengths of the child,
7the concerns of the child's parents for enhancing the education of their child
and, the
8results of the initial evaluation or most recent reevaluation of the child
, and the
9academic, developmental, and functional needs of the child.
SB529-SSA1, s. 65
10Section
65. 115.787 (3) (b) 1. of the statutes is amended to read:
SB529-SSA1,19,1411
115.787
(3) (b) 1. In the case of a child whose behavior impedes his or her
12learning or that of others
, consider
, when appropriate, strategies, including the use
13of positive behavioral interventions
, and supports
and other strategies to address 14that behavior.
SB529-SSA1, s. 66
15Section
66. 115.787 (3) (b) 4. of the statutes is amended to read:
SB529-SSA1,19,2216
115.787
(3) (b) 4. Consider the
communicative communication needs of the
17child, and, in the case of a child who is hearing impaired, consider the child's
18language and
communicative communication needs, opportunities for direct
19communications with peers and professional personnel in the child's language and
20communicative communication mode, academic level and full range of needs,
21including opportunities for direct instruction in the child's language and
22communicative communication mode.
SB529-SSA1,20,424
115.787
(3) (c) The regular education teacher of the child, as a participant on
25the individualized education program team, shall, to the extent appropriate,
1participate in the development of the individualized education program of the child,
2including the determination of appropriate positive behavioral interventions
and
3supports and
other strategies and the determination of supplementary aids and
4services, program modifications and support for school personnel.
SB529-SSA1,20,167
115.787
(4) (c) After the annual individualized education program meeting for
8a school year, the entire individualized education program team may make changes
9to the child's individualized education program, or the child's parent and the local
10educational agency may agree not to convene an individualized education program
11team meeting for the purpose of making changes to the child's individualized
12education program. If the child's parent and the local educational agency agree not
13to convene an individualized education program team meeting, they shall instead
14develop a written document to modify the child's current individualized education
15program. The local educational agency shall give the child's parent a copy of the
16child's revised individualized education program.
SB529-SSA1,20,2218
115.787
(5) Failure to meet transition objectives. If a participating agency,
19other than the local educational agency, fails to provide transition services in
20accordance with sub. (2) (g)
2., the local educational agency shall reconvene the
21individualized education program team to identify alternative strategies to meet the
22transition objectives for the child set out in the individualized education program.
SB529-SSA1,21,424
115.787
(6) (b) If a child with a disability is convicted of a crime and
25incarcerated in a state prison, the child's individualized education program team
1may modify the child's individualized education program or placement
2notwithstanding the requirements of sub. (1) and s. 115.79 (1)
(a) if the department
3of corrections has demonstrated a bona fide security or compelling penological
4interest that cannot otherwise be accommodated.
SB529-SSA1,21,116
115.787
(7) Construction. Nothing in this section requires the individualized
7education program team to include information under one component of a child's
8individualized education program that is already contained under another
9component of the individualized education program
or requires that additional
10information be included in a child's individualized education program beyond what
11is explicitly required by this section.
SB529-SSA1, s. 73
12Section
73. 115.79 (intro.) of the statutes is renumbered 115.79 (1) (intro.).
SB529-SSA1,21,1914
115.79
(2) A local educational agency shall seek to obtain informed consent
15from the parent of a child with a disability before providing special education and
16related services to the child. If the parent of a child with a disability denies consent,
17the local educational agency shall not provide special education and related services
18to the child. If the parent of a child with a disability denies consent or does not
19respond to a request for consent, all of the following apply:
SB529-SSA1,21,2120
(a) The local educational agency is not in violation of the requirement to make
21available to the child a free appropriate public education.
SB529-SSA1,21,2522
(b) The local educational agency is not required to convene an individualized
23education program team meeting or to develop an individualized education program
24for the child for the special education and related services for which the local
25educational agency sought consent.
SB529-SSA1, s. 75
1Section
75. 115.791 (3) (intro.) of the statutes is renumbered 115.791 (3) (a)
2(intro.).
SB529-SSA1, s. 76
3Section
76. 115.791 (3) (a) of the statutes is renumbered 115.791 (3) (b) 1.
SB529-SSA1, s. 77
4Section
77. 115.791 (3) (b) (intro.) and 2. of the statutes are created to read:
SB529-SSA1,22,75
115.791
(3) (b) (intro.) Notwithstanding the notice requirement in sub. (2) (a),
6a court or hearing officer may determine not to reduce or deny the cost of
7reimbursement for failure to provide such notice if any of the following apply:
SB529-SSA1,22,98
2. Compliance with sub. (2) (a) would likely result in serious emotional harm
9to the child.
SB529-SSA1, s. 78
10Section
78. 115.791 (3) (b) of the statutes is renumbered 115.791 (3) (a) 2. and
11amended to read:
SB529-SSA1,22,1312
115.791
(3) (a) 2. Compliance with sub. (2) (a) would likely result in physical
13or serious emotional harm to the child.
SB529-SSA1, s. 79
14Section
79. 115.791 (3) (c) of the statutes is renumbered 115.791 (3) (a) 3.
SB529-SSA1, s. 80
15Section
80. 115.791 (3) (d) of the statutes is renumbered 115.791 (3) (a) 4.
SB529-SSA1, s. 81
16Section
81. 115.792 (1) (a) 2. of the statutes is amended to read:
SB529-SSA1,22,2417
115.792
(1) (a) 2. That a child's rights are protected by the assignment of an
18individual, who shall not be an employee of the department, the local educational
19agency
, or any other agency that is involved in the education or care of the child, to
20act as a surrogate for the child's parents whenever the child's parents are not known;
21the local educational agency cannot, after reasonable efforts, locate the child's
22parents; or the child is a ward of the state.
For a child who is a ward of the state, a
23judge overseeing the child's care may appoint a surrogate for the child's parents if the
24surrogate meets the requirements of this subdivision.
SB529-SSA1,23,3
1115.792
(2) (d) A description of each
evaluative evaluation procedure,
test 2assessment, record
, or report that the local educational agency used as a basis for the
3proposed or refused action.
SB529-SSA1,23,65
115.792
(2) (e) If the notice proposes to evaluate or reevaluate the child, the
6qualifications names of the evaluators
and their names, if known.
SB529-SSA1,23,128
115.792
(2) (g) A statement that the parents of a child with a disability have
9procedural safeguards under this section and, if this notice is not an initial referral
10for evaluation,
or reevaluation, or a notice of an individualized education program
11meeting, the way in which the parents may obtain a description of the procedural
12safeguards under sub. (3).
SB529-SSA1, s. 86
14Section
86. 115.792 (3) (b) (intro.) of the statutes is amended to read:
SB529-SSA1,23,2315
115.792
(3) (b) (intro.) The local educational agency shall give to the parents
16of a child with a disability,
once a year but also upon the child's initial referral
or
17parental request for evaluation, upon
each notification of an individualized
18education program meeting and upon reevaluation of the child the first occurrence
19of the filing of a request for a hearing under s. 115.80, and upon request by the child's
20parent, a full explanation written
so as to be
in an easily
understood by the general
21public understandable manner, and in the native language of the child's parents
22unless it clearly is not feasible to do so, of the procedural safeguards available under
23this section and under applicable federal law relating to all of the following:
SB529-SSA1, s. 87
24Section
87. 115.792 (3) (b) 5. of the statutes is amended to read:
SB529-SSA1,24,3
1115.792
(3) (b) 5. Opportunity to present
and resolve complaints
, including the
2period in which the child's parents may request a hearing and the opportunity for the
3local educational agency to resolve the issues presented by the request.
SB529-SSA1, s. 88
4Section
88. 115.792 (3) (b) 11. of the statutes is amended to read:
SB529-SSA1,24,65
115.792
(3) (b) 11. Civil actions
, including the period in which to file a civil
6action.
SB529-SSA1,24,148
115.797
(1) (a) "Dispute" means any disagreement between parties concerning
9the proposal or refusal to initiate or change the evaluation, individualized education
10program or educational placement of a child with a disability or the provision of a free
11appropriate public education to such a child. "Dispute" includes any such
12disagreement between parties
that arises before the filing of a request for a hearing
13under s. 115.80 or in which other processes, including a hearing under s. 115.80 or
14litigation, have been requested or commenced.
SB529-SSA1,24,2316
115.797
(6) Agreements. If the parties resolve the dispute or a portion of the
17dispute, or agree to use another procedure to resolve the dispute, the mediator shall
18ensure that the resolution or agreement is reduced to writing, that it is signed by the
19parties and that a copy is given to each party.
The written resolution or agreement
20shall state that all discussions that occurred during mediation are confidential and
21may not be used as evidence in any hearing or civil proceeding. The resolution or
22agreement is legally binding upon the parties
and is enforceable in the circuit court
23for the county in which the local educational agency is located.
SB529-SSA1, s. 91
24Section
91. 115.80 (1) (a) 1. of the statutes is amended to read:
SB529-SSA1,25,10
1115.80
(1) (a) 1. A parent, or the attorney representing the child, may file a
2written request
with the division for a hearing within one year after the refusal or
3proposal of the local educational agency to initiate or change his or her child's
4evaluation, individualized education program, educational placement
, or the
5provision of a free appropriate public education, except that, if the local educational
6agency has not previously provided the parent or the attorney representing the child
7with notice of the right to request a hearing under this subdivision, he or she may
8file a request under this subdivision within one year after the local educational
9agency provides the notice. The division shall develop a model form to assist parents
10in filing a request under this subdivision.
SB529-SSA1,25,1512
115.80
(1) (b) A local educational agency may file a written request
with the
13division for a hearing
only to override a parent's refusal to grant consent for an initial
14evaluation
, or a reevaluation
or an initial educational placement or to contest the
15payment of an independent educational evaluation.
SB529-SSA1,25,2217
115.80
(1) (d)
A parent or local educational agency, or the attorney representing
18a parent or local educational agency, shall file a request for a hearing under this
19subsection by providing the request to the other party and a copy of the request to
20the division. Upon receiving a request for a hearing, the division shall give to the
21child's parents a copy of the procedural safeguards available to the parents under s.
22115.792 and under federal regulations.
SB529-SSA1,26,1224
115.80
(1) (e) 1. If the parent of a child with a disability files a written request
25for a hearing, and the local educational agency has not previously sent a written
1notice to the parent under s. 115.792 (1) (b) regarding the subject matter of the
2hearing request, the local educational agency shall, within 10 days of receiving the
3hearing request, send to the child's parent a written explanation of why the local
4educational agency proposed or refused to take the action raised in the hearing
5request, a description of other options that the individualized education program
6team considered and the reason why those options were rejected, a description of
7each evaluation procedure, assessment, record, or report that the local educational
8agency used as the basis for the proposed or refused action, and a description of the
9factors that are relevant to the local educational agency's proposal or refusal. A
10response by a local educational agency under this subdivision does not preclude the
11agency from asserting that the parent's request for a hearing is insufficient under
12subd. 2.
SB529-SSA1,26,2013
2. A hearing may not occur until the party requesting the hearing, or the
14attorney representing that party, files a request that meets the requirements of par.
15(a) 2. The request under par. (a) 2. shall be considered sufficient unless the party
16receiving the request notifies the hearing officer and the other party in writing
17within 15 days of receiving the request that the receiving party believes the request
18does not meet the requirements of par. (a) 2. Within 5 days of receiving a notice under
19this subdivision, the hearing officer shall determine whether the request meets the
20requirements under par. (a) 2. and notify the parties.
SB529-SSA1,26,2422
115.80
(1) (f) The party receiving a request for a hearing shall send to the party
23requesting the hearing a written response that addresses the issues raised in the
24hearing request within 10 days of receiving the request.
SB529-SSA1,27,8
1115.80
(1) (g) A party filing a written request for a hearing under par. (a) may
2amend its request only if the other party consents in writing and is given the
3opportunity to resolve the issues presented by the request at a meeting under sub.
4(2m), or if the hearing officer grants permission at least 5 days before the hearing is
5scheduled to occur. The applicable timeline for resolution under sub. (2m) and for
6a hearing under sub. (6) recommences when the party files an amended request for
7a hearing. Nothing in this paragraph precludes a parent from filing a separate
8hearing request on an issue separate from the hearing request already filed.
SB529-SSA1,27,2010
115.80
(2) The division shall maintain a list of qualified hearing officers who
11are not employed by or under contract with the department or the local educational
12agency, other than being appointed under this subsection,
and who do not have a
13personal or professional interest that conflicts with the person's objectivity in the
14hearing, to serve as hearing officers in hearings under this section.
A hearing officer
15must possess knowledge of, and the ability to understand, state and federal special
16education laws, rules, and regulations, and legal interpretations by federal and state
17courts. A hearing officer also must possess the knowledge and ability to conduct
18hearings and render and write decisions in accordance with appropriate, standard
19legal practice. Upon receipt of a written request for a hearing under sub. (1), the
20division shall appoint a hearing officer from the list.
SB529-SSA1,28,322
115.80
(2m) (a) Except as provided in par. (c), within 15 days of receiving a
23request for a hearing under sub. (1) (a) 1. and before the hearing is conducted, the
24local educational agency shall convene a meeting with the child's parents and the
25relevant members of the individualized education program team who have specific
1knowledge of the facts identified in the hearing request. At the meeting, the child's
2parents shall discuss the hearing request and the facts that form the basis of the
3request and the local educational agency may resolve the issues.
SB529-SSA1,28,74
(b) The meeting under par. (a) shall include a representative of the local
5educational agency who is authorized to make decisions on behalf of the agency. The
6meeting may not include an attorney of the local educational agency unless the
7child's parent is accompanied by an attorney.
SB529-SSA1,28,98
(c) The parents and the local educational agency may agree in writing to waive
9the meeting under par. (a) or use mediation under s. 115.797.
SB529-SSA1,28,1510
(d) If the child's parents and the local educational agency resolve the subject
11matter of the hearing request at the meeting under par. (a), they shall execute and
12sign a legally binding agreement that is enforceable in the circuit court for the county
13in which the local educational agency is located, except that either the parent or the
14local educational agency may void the agreement within 3 business days of its
15execution.
SB529-SSA1,28,1816
(e) If the local educational agency does not resolve the issues presented by the
17hearing request to the satisfaction of the child's parents within 30 days of receipt of
18the request, the hearing requested under sub. (1) (a) 1. may occur.